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ARIJIT BANERJEE, PRASENJIT BISWAS
State of West Bengal – Appellant
Versus
Goutam Bhunia – Respondent
The legal principles outlined in the provided document establish that when land has been divested or vested by the State, it is the State's obligation to either return the land to the original landowners or provide appropriate compensation if the land cannot be physically returned (!) (!) . The court emphasized that mere issuance of a memo of possession or taking possession without actual handover does not fulfill this duty. The State must act in accordance with court orders and due process of law to ensure that the landowners' rights are protected. If the land cannot be physically returned, the State is required to compensate the landowners at the current market value for the loss of their property (!) . Failure to do so, especially after court directives, is considered arbitrary and illegal, and the landowners are entitled to receive either the land itself or fair monetary compensation.
JUDGMENT :
PRASENJIT BISWAS, J.
1. The judgment and order dated 29.09.2022 passed by a learned Single Bench of this Court disposing of W.P.A. No. 15849 of 2018 is assailed in this appeal.
2. By passing the impugned order, learned Single Bench directed the District Magistrate, Paschim Medinipur to take necessary steps for payment of compensation to the writ petitioners at the present market rate within 3 months from the date of communication of that order. Being aggrieved by and dissatisfied with the said order the State of West Bengal and its concerned officers have preferred this appeal.
3. It is not in dispute that the State Government had vested 13.75 acres of land of the writ petitioners under the provision of the West Bengal Estates Acquisition Act. Thereafter the State Government distributed ‘Pattas’ amongst the landless persons/ tribal families who were in occupation of portions of the said land. The order of vesting was set aside by an order passed by the Appellate Authority. But the names of the writ petitioners were not incorporated in the record of rights by the concerned revenue Authority. The matter travelled to this Court and a learned Single Bench by passing an order dat
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